WHAT CONSTITUTES POSSESSION OF COCAINE:

Cocaine is classified as a Schedule II drug, meaning that it is highly addictive but not as addicting as Schedule I drugs which include LSD and Ecstasy. In order for the prosecutor to demonstrate that you were in “possession” of cocaine, the prosecutor must demonstrate that you had actual or constructive possession of the substance. Actual possession of cocaine includes carrying the drug in your pocket or any other part of your body. Constructive possession on the other hand is more difficult to prove. Constructive possession includes includes keeping the cocaine in your own personal apartment or storing them in the glove compartment of your car.

PENALTIES FOR POSSESSION OF COCAINE:

Possession of cocaine can have serious punishments and consequences depending on the amount the accused was found in possession of.

If it is a first or second offense for possession of less than 4 grams of cocaine, you are guilty of a category E felony and will be punished:

  • 1-4 years in a state prison; and

  • A possible fine of no more than $5,000; OR

  • Granted probation

If it is a third or subsequent offense of less than 4 grams of cocaine, you are guilty of a category D felony and will be punished:

  • 1-4 years in a state prison; and

  • A possible fine of no more than $5,000.

COCAINE TRANSPORTATION CHAGRES IN LAS VEGAS:

If the cocaine under 4 grams, you are guilty of a category B felony and will be punished:

  • First time offense:

    • A minimum of 1 year and a maximum of 6 years in a state prison; and

    • A possible fine of no more than $20,000

  • Second time offense:

    • A minimum of 2 years and a maximum of 10 years in a state prison; and

    • A possible fine of no more than $20,000

  • Third time offense or subsequent offense:

    • A minimum of 3 years and a maximum of 15 years in a state prison; and

    • A possible fine of no more than $20,000

COCAINE TRAFFICKING CHARGES IN LAS VEGAS:

If the amount that the accused is found with is greater than 28 grams, this constitutes trafficking of cocaine and the penalties and punishments are much more severe.

If the quantity is 28-200 grams, you are guilty of a category C felony and will be punished:

  • A minimum term of 1 year and a maximum term of 5 years in a state prison; and

  • A fine of no more than $50,000.

If the quantity is 200-400 grams, you are guilty of a category B felony and will be punished:

  • A minimum of 2 years and a maximum of no more than 10 years in a state prison; and

  • A fine of no more than $100,000.

If the quantity is 400 grams or more, you are guilty of a category A felony and will be punished:

  • For life in a state prison with possibility of parole after a minimum of 5 years have been served; or

  • For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years have been served; and

  • By a fine of no more than $250,000.

DEFENSES FOR POSSESSION OF COCAINE IN LAS VEGAS:

  • Illegal search and seizure of the cocaine.

  • The cocaine did not belong to you.

Because every case and situation is different, it is vital that you contact a qualified attorney. Adrian Lobo is an experienced Las Vegas criminal defense attorney who has dealt with several drug cases and has helped clients get the help and results they deserve. Contact Adrian Lobo today and schedule a consultation in order to discuss your drug charges.